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Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Quezon City

EDDIE FERNANDEZ y TANDOC,
Complainant,

- versus -
NPS Docket No. XV-03-INV-17B-01248
For: RIRIDTP

REYMART CALIBUSO y ASIS
Respondent.

URGENT MOTION TO EXTEND TIME TO FILE
COUNTER-AFFIDAVIT WITH MOTION TO
PRODUCE COMPLAINT
(WITH FORMAL ENTRY OF APPEARANCE)

COMES NOW RESPONDENT, through the undersigned counsel
and unto this Honorable Office, most respectfully avers that:

1. Respondent just recently secured the service of the
undersigned counsel and upon verification, copies of
the complaint-affidavit in the above subject case
subscribed before the Honorable Prosecutor was
not yet furnished to the Respondent;

2. The Preliminary Investigation of the above-entitled
case was scheduled on March 28 and April 11, 2017
pursuant to the Subpoena issued by this Honorable
Office dated March 16, 2017 and herein attached as
ANNEX “A” for reference;

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3. During the preliminary investigation, herein
Respondent attended and personally received the: (a)
Traffic Accident Investigation Report submitted by the
Quezon City Police District (QCPD) Traffic Enforcement
Unit; and (b) undated Judicial Affidavit of herein
Complainant also taken before the QCPD Traffic
Enforcement Unit, Traffic Sector-4;
4. However, the above documents do not constitute a
valid complaint against herein Respondents for the
simple reason that the same was not subscribed and
sworn to before this Honorable Office;

5. Section 3(a), Rule 112 of the 1997 Rules of Court on
Preliminary Investigation provides:

“Section 3. Procedure. — The preliminary investigation shall be
conducted in the following manner:

(a) The complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting
documents to establish probable cause. They shall be in
such number of copies as there are respondents, plus two
(2) copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or
government official authorized to administer oath, or, in
their absence or unavailability, before a notary public,
each of who must certify that he personally examined
the affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.” (emphasis
ours)

6. Further, section 9, Part III on Preliminary Investigation
under the DOJ Manual for Prosecutors provides:

“SEC. 9. Supporting affidavits.- The complaint shall be accompanied
by the affidavits of the complainant and his witnesses, as well as
other supporting proofs or documents, if any. The affidavits shall
be sworn to before a Provincial, City or State Prosecutor, or
other government official authorized to administer oaths or, in
their absence or unavailability, a notary public, who must certify
that he personally examined the affiants and that he is satisfied

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that they voluntarily executed and understood their affidavits.1

When the preliminary investigation is commenced by referral from
or upon request of the law enforcement agency that investigated
the incident, the affidavits of the complainant and his witnesses to
be submitted by the said agency shall consist of the original or
duplicate original or certified machine copies thereof.”

7. In addition, item no. 16 of the Complainant’s Judicial
Affidavit provides:

“13. TANONG: Ano ang gusto mo sa pangyayari? Ikaw b ay
magsasampa ng ng kaukulang kaso laban sa iyong kaaksidente?

SAGOT: ” (emphasis ours)

8. Thus, it is our humble view that no valid Complaint
has yet been filed. The traffic accident investigation
report submitted/attached by QCPD is not a valid
referral to commence a criminal complaint before this
Honorable Office and the blank answer in the above
question in the Judicial Affidavit clearly states or
alleges no complaint whatsoever;

9. Without any valid complaint or referral from any law
enforcement agency, herein Respondents could not
intelligently submit their answers/counter-affidavits;

10. Thus, in the interest of justice and fair play, the
undersigned counsel respectfully requests unto this
Honorable Office that the Respondent be granted a
non-extendible period of fifteen (15) days to submit
their Counter-Affidavits and supporting documents or
witnesses for their defense from RECEIPT of a valid
and formal complaint in accordance with the rules
duly filed before this Honorable Office and duly
received/furnished by Respondents;

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11. Finally, the undersigned counsel respectfully enters
his appearance as counsel for the Respondents, thus,
please cause the sending of all pleadings, notices,
motions, and other documents to the undersigned’s
address herein-below indicated:

ATTY. JAIRUS B. RUBIO
RUBIO LAW OFFICE
1406 Emar Suites Shaw Blvd.,
Brgy. Addition Hills, Mandaluyong City

12. This motion is not intended in anyway to delay the
proceedings but solely for the purpose alluded thereto

PRAYER

WHEREFORE, FOREGOING PREMISES CONSIDERED, it is
most respectfully prayed unto this Honorable Office that this
MOTION BE GRANTED giving the accused an additional and non-
extendible period of fifteen (15) days within which to submit his
Counter-Affidavit and supporting documents including affidavits of
witnesses after a valid and formal complaint is filed before this
Honorable Office and duly furnished and received by Respondents.

Other just and equitable reliefs are likewise prayed under the
premises.

Mandaluyong City, Philippines this 7th day of April 2017

Respectfully submitted.

ATTY. JAIRUS B. RUBIO
Counsel for the Respondent
Roll No. 64701
PTR No. 2182274;1/21/17; QC
IBP No. 1067008;1/20/17; QC

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MCLE No. V-0022377
Email: jairusbaldemorrubio@gmail.com
Tel No. 9584884/09174348111
1406 Emar Suites, 409 Shaw Blvd.,
Brgy. Addition Hills, Mandaluyong City

COPY FURNISHED WITH EXPLANATION

EDDIE TANDOC FERNANDEZ
Complainant
No. 36 Sct. Fuentebella-Street,
Brgy. Laging Handa, Quezon City

Greetings!

Copies of this MOTION TO EXTEND TIME TO FILE COUNTER-
AFFIDAVIT was served to the other party by means of registered
mail with return receipt due to distance and lack of personnel to
effect personal service thereof.

ATTY. JAIRUS B. RUBIO
Counsel for the Respondent

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